A Federal High Court in Abuja has ruled that the Nigeria Police Force and the Federal Road Safety Corps (FRSC) do not have the authority to directly fine motorists for failing to obtain third-party motor insurance without a court order.
In her judgment, Justice Hauwa Yilwa clarified that while law enforcement agencies are empowered to ensure compliance with insurance regulations, they cannot impose penalties on offenders themselves. She emphasized a clear distinction between enforcing the law and administering sanctions.
The ruling stemmed from a lawsuit filed by activist lawyer Deji Adeyanju against the Inspector-General of Police, the Attorney-General of the Federation, and the FRSC. The case sought judicial interpretation on whether security agencies could both enforce and penalise motorists under the Motor Vehicles (Third Party Insurance) Act and related laws.
Counsel to the applicant, Marvin Omorogbe, said the court affirmed the agencies’ right to enforce compliance but stripped them of the power to impose fines. According to him, the judgment also restrains the authorities from issuing such penalties to motorists.
Reacting to the verdict, Adeyanju said the decision resolved the central issue of the case, noting that the objective was to establish that the police and FRSC lack the legal backing to fine motorists directly. He added that the ruling would help reduce arbitrary penalties imposed on road users.
However, counsel to the defendants, Victor Okoye, described the outcome as partly favourable and indicated that an appeal may be filed. He questioned the competence of the suit and the court’s jurisdiction, suggesting that the matter could be taken to the Court of Appeal.
Despite the ruling, the court reaffirmed that both agencies retain the authority to stop motorists and verify compliance with third-party insurance requirements. The judgment is expected to significantly influence how traffic and insurance laws are enforced nationwide, particularly in relation to penalties.
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